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HAILEY v. ALLGOOD CONST. CO., INC.

No. 8920DC14.

383 S.E.2d 220 (1989)

Aggie L. HAILEY v. ALLGOOD CONSTRUCTION COMPANY, INC. and David J. Marcone.

Court of Appeals of North Carolina.

September 19, 1989.

Attorney(s) appearing for the Case

Henry T. Drake, Wadesboro, for plaintiff-appellant, cross-appellee.

Henson, Henson, Bayliss and Teague by Perry C. Henson, Jr. and Kenneth B. Rotenstreich, Greensboro, for defendant-appellees, cross-appellants.

EAGLES, Judge.

Initially we address defendants' motion to dismiss for failure to timely file the record on appeal. Rule 12(a) of the North Carolina Rules of Appellate Procedure provides that the appellant shall file the record on appeal within 15 days after the record is settled. Additionally, Rule 25 states that on motion of any party an appeal may be dismissed for failure to act within the time allowed by the Rules. Although the plaintiff failed to timely file in...

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